Q&As

If the applicable law between parties to a sale of goods contract is disputed in a 'battle of the forms' scenario, will Rome I be used as fall-back position? Parties disputing applicable law is not quite the same as failing to choose applicable law - will these scenarios receive equivalent treatment?

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Published on LexisPSL on 01/06/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If the applicable law between parties to a sale of goods contract is disputed in a 'battle of the forms' scenario, will Rome I be used as fall-back position? Parties disputing applicable law is not quite the same as failing to choose applicable law - will these scenarios receive equivalent treatment?
  • Article 3 of Rome I

Article 3 of Rome I

Where parties have entered into a contract which contains an applicable law clause, the parties must have validly consented to that clause. Where a party has not they may dispute the existence or validity of that clause as provided for in Article 3(5) of Regulation (EC) 593/2008, Rome I. This article states that the existence and validity of an agreement is to be determined in accordance with Article 10 of Regulation (EC) 593/2008, Rome I, Article 11 of Regulation (EC) 593/2008, Rome I and Article 12 of Regulation (EC) 593/2008, Rome I.

Article 10(1) of Regulation (EC)

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